Land Administration

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Land Administration
Question 1
Land management is defined as a process through which land resources are overseen in their use and development (Ting et al 2001, pp 84). Here, the way land is used is planned for, implemented and controlled. Land can be used in various ways. It can be used for farming activities, for pasture, for settlement and for eco-tourism. Some pieces of land can be set apart for conservation purposes like forestlands and water conservation areas (Williamson 2001, pp 297). Land use has major impacts on natural resources like soil, water, plants and animal species, and nutrients to name but a few and as such, it is necessary that land use be in a such a way that it does not negatively impact these natural resources. Land management thus is aimed at ensuring that land use is carefully planned and developed in a sustainable way.
A land policy is a course of action that guides how land is to be used as well as how it will be accessed. It is also a guideline as to how land is to be owned and this includes the forms the tenure under which it is to be held. A land policy also defines the principles and rules that are to govern property rights over natural resources and land (North 1999, 18). Additionally, a land policy also defines the methods of legal access and use including transfer and validation rights. It also guides how the procedures and rules of land use and development are to be ratified and administered including how the information about the land holdings is to be managed. A land policy is also a guideline that specifies which structures are to be in charge of land management, arbitration of conflicts and legislation implementation (Williamson 2001, pp 304). Land policies are issued by governments and are further developed through decrees and legislations.
Land administration can be formal or informal and is the way in which the rules governing land tenure are applied and made operational. Land tenure defines how land and related resources are to be accessed and controlled. It defines the rules and rights that govern this use and control of land and related resources and as such for this to be effective, a land tenure system has to be in place (Ting et al 2001, pp 91). This includes institutions, rules, rights and authorities and as such land administration is part of the land tenure system. It is concerned with the allocation of land rights including their limitation and transfer through such ways as leases, sales or inheritance. Land administration is also concerned with the resolution of land use disputes as well as land planning and enforcement. Additionally, it is concerned with land valuation and taxation. Land administration utilises actors and in formal settings these may include agencies like urban and rural planning, land valuation and taxation, land registries and surveying (Williamson 2001, pp 306)
The land management system of Australia is one that is focused on providing a favourable environment for land users and also in promoting sustainability of land and other related resources. The Australian government controls the use and development of land resources its states and is also responsible for developing a land policy for the country (Dalrymple et al 2003, pp 38). Additionally, it provides a security of tenure for its people and is also concerned with the land administration for its people with regard to issues like validation, tenure, documentation, mapping and survey among others. Australia has recognized aboriginal lands rights and has adopted computer technology in its land management system.
Question 2
It is often said that you cannot strictly own land. This is attributed to the issue of land tenure. Land tenure in general terms is defined as the system of access to and control over land and other related resources. This is a definition of rights and rules that govern the use and development of land and related resources. This is where the saying that one can not strictly own land stems from. It is not the land that is owned but the duties and rights that an individual or a group of individuals has over it. Land is a tenement in law which means that it is a commodity that cannot be owned but can rather be held. The emergence of tenement can be traced back to the age of feudalism. During this time, land was not privately owned; rather it was held of some superior upon some kind of a service. The person who held the land was referred to as a tenant while the superior was called a landlord (Glenn 2004, pp 101). Tenure is the manner of holding that an individual had over the land. Over the centuries, the law of real estate has developed from the feudal system. In modern societies, the landlord of the “lord of the fee” as was previously referred to, is the state today while tenants are local citizens. The service that is given to the landlord is the payment of taxes. The state, therefore, using this feudal approach is said to own the land as it does not pay taxes to any other entity. As such, individuals cannot privately own land as it is owned by the government (North 1999, 48). They can only thus hold the land for a specific tenure.
As they hold the land, individuals are expected to pay taxes to the government and also be governed by the rules and regulations governing such tenure. As the “landlord”, the government puts forth rules, authorities, rights and norms that govern how individuals can access and control land and related resources. In informal settings, the chief is responsible for the land in his chiefdom holding it in trust for his lineage (Glenn 2004, pp 104). For other communities, the male head of a household is the owner of the land having the power to use it and to transfer it to his heirs. This is referred to as land tenure.
Land tenure governs which individuals can use what resources and the conditions under which they can do so. It also defines how people are to control and transfer such property. Land can be transferred from one person to another through inheritance, leasing, loaning, selling or can be given out as a gift. Whatever means is used to acquire the land, the person who acquires it is under a tenure that is governed by laws and norms that if not adhered to can lead to the suspension of expulsion of that tenure (North 1999, 51). These are the reasons why land is said in a strict sense not to be owned. It can only be held by individuals within the jurisdiction of the law and individuals are expected to comply with the tenure rules, regulations and norms regarding such holding. As such, they only have the rights and duties over the land but do not own it.
Question 3
Being the “landlord”, a state government is equipped with the task of land management and administration. There is always a need for the government to allocate land resources and monitor their use. In order for it to effectively do so, it needs to map its land. Land mapping has been since time immemorial and enables the land owner to collect spatial data and information. In modern society, governments have cadastral systems which comprise of a land register, a cadastral re...